What happens if you admit to crime in therapy as Netflix's Menendez brothers series leaves fans with questions
Therapy is coined as a safe space where you can speak openly about your thoughts and feelings. But having watched Ryan Murphy’s Monsters: The Lyle and Erik Menendez Story, viewers have been left scratching their heads if there is an acceptation to the rule.
The Netflix docuseries tackles this question as it follows the complicated case of Lyle, 21, and Erik Menendez, 18, who fatally shot their mum and dad in their family home in Beverly Hills in August 1989.
José, 45, and 47-year-old Kitty Menendez were hit by 15 rounds of bullets, with police initially thinking the killings were mob-related.
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The court case was televised around the world after the siblings listed years of sexual abuse as a reason for killing their parents.
Prosecutors, however, argued that their motive was money-related.
Now, if you've watched all of the episodes, or you're aware of the case, you'll know that the Menendez brothers' therapist, recorded Erik's confession to his parents' murders.
Long story short, psychiatrist Dr Jerome Oziel broke patient privilege with regards to confidentiality, with Judalon Smyth, his mistress, tipping off the police about the confession tapes after they broke up.
In October 1989, Erik rang up Dr Oziel requesting an urgent appointment and confessed to the murders.
Despite patient confidentiality rules, in 1992, the Supreme Court of California decided that two of the tapes could be used in the trial, due to the fact the brothers were accused of having threatened the therapist.
This meant there was an exception to the confidentiality rule that would have made the conversations between the brothers and the therapist privileged.
Lawyer Jin Lew explained to Newsweek: "If a psychiatrist receives information from a patient indicating they are about to commit a crime, there can be a reasonable argument that disclosure becomes necessary.
"When a serious crime has already been committed, there is not the same immediate urgency or need for action as there would be if someone were in imminent danger of being harmed."
However, the British Psychological Society (BPS) states that 'clients may disclose a crime in their past either as a victim or an offender'.
But its guidelines note that 'clients should be informed of the limits of confidentiality where information about them may be shared and confidentiality breached, for example for reasons of safeguarding, requirements of the law, and public protection'.
"If disclosure of information is deemed necessary, psychologists should obtain specific informed consent from their clients, making the consequences of disclosure as clear and unbiased as possible," the BPS added.
"There are a number of circumstances where this might not be possible or may not apply: for example where the health, safety, security or welfare of the client or someone else may otherwise be put at risk; and if there are legal or safeguarding responsibilities, such as the need to avoid 'tipping off'."
In the new Netflix series, Cooper Koch takes on the role as Erik Menendez, while Nicholas Alexander Chavez plays Lyle.
Chloë Sevigny stars as their mother Kitty and Javier Bardem portrays their father José, a successful Hollywood executive.
Topics: Crime, Netflix, Menendez Brothers
Anish Vij